EXEMPT
(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT A.B. 446
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ASSEMBLY BILL NO. 446–ASSEMBLYMEMBER CARTER
MARCH 17, 2025
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to transportation.
(BDR 58-207)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to transportation; prohibiting trains of a certain
length from being run on certain railroads; requiring
certain railroads to install certain safety equipment;
requiring certain railroad companies to take or refrain
from taking certain actions relating to railroad safety;
establishing requirements for lighting equipment installed
in certain railroad yards; requiring certain reports;
providing for the monitoring and inspection of railroads
by certain union representatives; prescribing certain
requirements relating to the transportation of railroad
employees by railroad contract carriers; limiting the hours
drivers employed by railroad contract carriers may work;
providing for the maintenance and inspection of certain
records; providing penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes provisions governing the operation of railroads in this 1
State. (Chapter 705 of NRS) Section 2 of this bill prohibits a Class I or Class II 2
railroad operating in this State from operating, running or allowing to be run on 3
certain railroad tracks a freight or work train that is more than 7,500 feet long. 4
Section 2 also requires a Class I or Class II railroad operating in this State to: (1) 5
install and periodically inspect a hot box detector every 20 miles along certain 6
railroad tracks in this State; and (2) cut, separate or move a train, rolling stock or 7
other on-track equipment that has come to a complete stop and is blocking a 8
railroad grade crossing, if an authorized emergency vehicle is approaching 9
the crossing, with certain exceptions. Section 3 of this bill prohibits a Class I or 10
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Class II railroad operating in this State from placing or causing to be placed certain 11
material, debris and other objects that could pose a safety hazard to employees of 12
the railroad within a certain area surrounding railroad tracks. 13
Section 4 of this bill requires Class I or Class II railroads that operate a railroad 14
yard where rail cars or locomotives are frequently switched, repaired or inspected at 15
night or where trains are frequently assembled or disassembled at night to: (1) 16
maintain the lighting equipment installed in such railroad yards in good and 17
working order; and (2) repair or replace malfunctioning lighting equipment within 18
48 hours after receiving a report of a malfunction of the equipment. Section 4 19
establishes certain minimum standards for lighting equipment installed in a railroad 20
yard where rail cars or locomotives carrying hazardous materials are frequently 21
switched, repaired or inspected at night or where certain trains carrying such 22
materials are frequently assembled or disassembled at night. Section 4 additionally 23
requires Class I or Class II railroads and the union representatives of the employees 24
of each railroad yard of such railroads to annually compile and transmit to the 25
Public Utilities Commission of Nevada certain reports relating to the maintenance 26
and operation of the lighting equipment installed in the railroad yards operated by 27
the railroad. 28
Section 5 of this bill requires a railroad company owning or operating any 29
railroad in this State to authorize a representative of a union that represents the 30
employees of the railroad to monitor the safety practices of the railroad. Section 5 31
requires a railroad to authorize the representative of such a union to access the 32
property of the railroad to conduct certain inspections and other activities to 33
monitor the safety practices of the railroad. Section 5 also requires a railroad to 34
notify the Commission and certain union officials upon the occurrence of any 35
derailment, collision or other incident involving a train, rail car, locomotive or other 36
equipment owned or operated by the railroad or operated on the railroad tracks 37
owned or operated by the railroad. 38
Section 6 of this bill requires each Class I or Class II railroad operating in this 39
State to provide a bond to the Commission in an amount of not less than $5,000,000 40
to ensure the compliance of the railroad with the provisions of sections 2-5. 41
Section 6 also provides that a railroad that violates the provisions of sections 2-5 is 42
subject to certain civil penalties. Sections 1.5 and 1.7 of this bill define the terms 43
“Class I railroad” and “Class II railroad,” respectively, and section 1.3 of this bill 44
establishes the applicability of those definitions to sections 1.3-6. 45
Existing law requires an operator of a motor vehicle that transports passengers 46
for compensation pursuant to a contract with one or more customers to obtain a 47
permit from the Nevada Transportation Authority as a contract motor carrier. 48
Existing law subjects each contract motor carrier to certain regulations and 49
requirements. (Chapter 706 of NRS) Sections 9-20 of this bill prescribe additional 50
requirements for railroad contract carriers, which are contract motor carriers that 51
specifically transport, for compensation and within this State, employees of a 52
railroad. Section 15 limits, with certain exceptions, the number of hours that a 53
railroad contract carrier can require or allow a driver employed by the carrier to 54
drive or otherwise be on duty for the carrier. Section 15 requires a railroad contract 55
carrier to require that each driver maintains accurate time records on a daily basis. 56
Section 15 requires each railroad contract carrier to collect and retain records for 57
each driver for a period of not less than 1 year. Section 16 prohibits a railroad 58
contract carrier from employing a driver who has twice been convicted of certain 59
traffic offenses within a 3-year period or has ever had his or her driving privileges 60
suspended or revoked due to a conviction of certain traffic offenses. Section 16 61
also requires a railroad contract carrier to maintain for each driver employed by the 62
carrier certain information relating to the driving ability and safety record of the 63
driver. Section 17 prohibits a person from acting as a driver for a railroad contract 64
carrier unless the person submits to testing for alcohol and controlled substances. 65
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Section 17 also requires a railroad contract carrier to test a driver involved in a 66
crash involving certain injuries for alcohol and controlled substances as soon as 67
practicable after the crash. Section 17 requires a railroad contract carrier to transmit 68
the results of any post-crash testing of a driver to the Authority. Section 18 requires 69
a railroad contract carrier to annually inspect each transport vehicle operated by the 70
carrier. Section 18 further requires a railroad contract carrier to adopt a vehicle 71
safety and maintenance policy, which must provide for the weekly inspection of 72
parts and accessories of each transport vehicle. Section 18 requires each transport 73
vehicle operated by a railroad contract carrier to be equipped with certain 74
equipment and safety features. 75
Existing law requires motor carriers regulated by the Authority to maintain a 76
liability insurance policy in such amounts as the Authority may designate. (NRS 77
706.291) Section 19 instead requires each railroad contract carrier to maintain a 78
certain minimum amount of liability coverage and uninsured and underinsured 79
vehicle coverage. Section 25 of this bill clarifies that the insurance requirements of 80
section 19 apply only to railroad contract carriers and not to other contract motor 81
carriers, which are still required to maintain the minimum amount of coverage 82
prescribed by the Authority. Additionally, section 20 requires a railroad contract 83
carrier to provide a bond to the Authority in an amount of not less than $5,000,000 84
to ensure the compliance of the railroad contract carrier with the provisions of 85
sections 8-20. 86
Existing law declares all contract motor carriers to be affected with a public 87
interest and subject to the permitting, regulatory and enforcement authority of the 88
Authority. (NRS 706.156) Section 22 of this bill requires a railroad contract carrier 89
to comply with the provisions of sections 8-20 in the same manner as the carrier is 90
required to comply with other requirements and regulations applicable to contract 91
motor carriers generally. Sections 26-30 of this bill provide for the enforcement of 92
sections 8-20 by the Authority in the same manner as other provisions relating to 93
motor carriers. Section 23 of this bill clarifies that the requirements of sections 8-94
20 are inapplicable to vehicles leased to or owned by certain governmental entities. 95
Section 24 of this bill requires a railroad contract carrier to display certain 96
identifying information on each vehicle it operates. Sections 9-14 define certain 97
terms relating to railroad contract carriers and section 8 establishes the applicability 98
of those definitions. Section 21 of this bill applies definitions in existing law 99
relating to the regulation of motor carriers to sections 8-20. 100
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 705 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 1.3 to 6, inclusive, of this 2
act. 3
Sec. 1.3. As used in sections 1.3 to 6, inclusive, of this act, 4
unless the context otherwise requires, the words and terms defined 5
in sections 1.5 and 1.7 of this act have the meanings ascribed to 6
them in those sections. 7
Sec. 1.5. “Class I railroad” has the meaning ascribed to it in 8
40 C.F.R. § 1033.901. 9
Sec. 1.7. “Class II railroad” has the meaning ascribed to it 10
in 40 C.F.R. § 1033.901. 11
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Sec. 2. 1. A Class I or Class II railroad operating within 1
this State shall not operate, run or permit to be run anywhere over 2
a main line or branch line in this State any freight or work train 3
that is more than 7,500 feet long. Each train operating or running 4
in violation of this section constitutes a separate violation. 5
2. A Class I or Class II railroad operating within this State 6
shall install and maintain a hot box detector not less than every 20 7
miles along each main line in this State that is owned or operated 8
by the railroad. A railroad that is required to install a hot box 9
detector pursuant to this section shall inspect each such hot box 10
detector installed by the railroad for defects not less than once 11
every 30 days. 12
3. Except for a train, rolling stock or other on-track 13
equipment that is stopped due to mechanical failure where 14
separation or movement is not possible, a Class I or Class II 15
railroad operating within this State shall, upon the approach of an 16
authorized emergency vehicle, cut, separate or cause to be moved 17
any train, rolling stock or other on-track equipment that has come 18
to a complete stop and is blocking a railroad grade crossing. 19
4. As used in this section: 20
(a) “Authorized emergency vehicle” has the meaning ascribed 21
to it in NRS 484A.020. 22
(b) “Branch line” means a secondary railroad track that 23
branches off from a main line. 24
(c) “Hot box detector” means a device that utilizes infrared 25
technology to measure the temperature of axles, bearings and the 26
related equipment of a passing train, rolling stock or other on-27
track equipment in order to detect potential defects or abnormal 28
temperatures of the measured equipment. 29
(d) “Main line” means: 30
(1) A segment or route of railroad tracks over which 31
5,000,000 gross tons or more of freight railroad traffic is 32
transported annually; and 33
(2) Such other tracks as the Public Utilities Commission of 34
Nevada may prescribe by regulation. 35
(e) “Railroad grade crossing” means any intersection between 36
a highway, as defined in NRS 706.081, and a railroad track. 37
Sec. 3. 1. A Class I or Class II railroad operating within 38
this State shall not knowingly cause to be placed or permit to 39
remain in the safe space of a railroad track any material or 40
condition likely to endanger the safety of an employee, including, 41
without limitation: 42
(a) Scrap iron; 43
(b) Lumber; 44
(c) Debris; 45
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(d) Vegetation exceeding a height of 4 inches; or 1
(e) Marked unevenness of terrain. 2
2. As used in this section, “safe space” means the area whose 3
dimensions include the entire length of any railroad track and: 4
(a) A height from actual grade level to 14 feet above the top of 5
the rails of the track; and 6
(b) A width extending 8 feet perpendicularly, on both sides, 7
from the center line of the track. 8
Sec. 4. 1. A Class I or Class II railroad that operates a 9
railroad yard in this State where rail cars or locomotives are 10
frequently switched, repaired or inspected at night or where trains 11
are frequently assembled or disassembled at night shall submit to 12
the Public Utilities Commission of Nevada, not later than 13
January 15 of each year, a report that: 14
(a) Identifies each such railroad yard. 15
(b) For each railroad yard identified pursuant to 16
paragraph (a): 17
(1) Describes the nature and placement of lighting 18
equipment currently in use at the railroad yard; and 19
(2) Describes the practices of the railroad relating to 20
maintenance and operation of the lighting equipment described in 21
subparagraph (1). 22
(c) States for each railroad yard identified pursuant to 23
paragraph (a) whether the lighting equipment in the railroad yard 24
meets or exceeds the guidelines for illumination established by the 25
American Railway Engineering and Maintenance -of-Way 26
Association. 27
(d) States for each railroad yard identified pursuant to 28
paragraph (a) whether the lighting equipment in the railroad yard 29
is installed and operated in a manner consistent with: 30
(1) Conserving energy; 31
(2) Reducing glare; 32
(3) Minimizing light pollution; and 33
(4) Preserving the natural environment of the night. 34
(e) Contains either: 35
(1) A plan developed by the railroad for bringing into 36
compliance any railroad yard identified by the railroad pursuant 37
to paragraph (a) in which the lighting equipment: 38
(I) Does not meet or exceed the guidelines described in 39
paragraph (c); or 40
(II) Is not operated in accordance with the objectives 41
described in paragraph (d); 42
(2) A declaration that the lighting equipment in each 43
railroad yard operated by the railroad meets or exceeds the 44
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guidelines described in paragraph (c) and is operated in 1
accordance with the objectives described in paragraph (d); or 2
(3) An explanation of why the guidelines and objectives 3
described in paragraphs (c) and (d), respectively, should not apply 4
to a railroad yard operated by the railroad, based on 5
circumstances individually applicable to each applicable railroad 6
yard. 7
2. A railroad that is required to submit a report pursuant to 8
subsection 1 shall maintain all lighting equipment at each railroad 9
yard operated by the railroad in good and working order. 10
3. If a railroad that is required to submit a report pursuant to 11
subsection 1 receives a report from any person that any lighting 12
equipment at a railroad yard is malfunctioning, the railroad shall 13
repair or replace the malfunctioning equipment within 48 hours 14
after receiving the report. 15
4. If any employees of a railroad yard operated by a railroad 16
that is required to submit a report pursuant to subsection 1 have 17
elected to be represented by a labor union, the representative of 18
each union for the employees of each applicable railroad yard 19
shall submit to the Public Utilities Commission of Nevada, not 20
later than January 15 of each year, a report that: 21
(a) Describes the nature and placement of lighting equipment 22
currently in use at the railroad yard and the maintenance status 23
and operation of the lighting equipment; 24
(b) Describes the level of maintenance of the lighting 25
equipment and the promptness of the railroad in responding to 26
reports of malfunctions of the lighting equipment; 27
(c) States whether the available lighting at the railroad yard is 28
adequate to provide adequate working conditions for employees 29
working at night; and 30
(d) Describes any applicable changes in the lighting equipment 31
and any observed changes in the maintenance and operation 32
practices relating to the equipment that have occurred since the 33
last time a report was submitted for a railroad yard pursuant to 34
this section. 35
5. A Class I or Class II railroad that operates a railroad yard 36
in this State where rail cars or locomotives that carry placarded 37
hazardous materials are frequently switched, repaired or inspected 38
at night or where trains with more than 25 tanker rail cars 39
carrying placarded hazardous materials are frequently assembled 40
or disassembled at night shall install and operate lighting 41
equipment in each such railroad yard: 42
(a) That meets or exceeds the guidelines for illumination 43
established by the American Railway Engineering and 44
Maintenance-of-Way Association; and 45
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(b) In a manner consistent with: 1
(1) Conserving energy; 2
(2) Reducing glare; 3
(3) Minimizing light pollution; and 4
(4) Preserving the natural environment of the night. 5
6. The Public Utilities Commission of Nevada shall: 6
(a) Review all reports submitted pursuant to subsections 1 and 7
4 and investigate any discrepancies between a report submitted 8
pursuant to subsection 1 and subsection 4 with respect to a 9
particular railroad yard. 10
(b) Upon the conclusion of an investigation undertaken 11
pursuant to paragraph (a), report the findings of the investigation 12
to the railroad that operates the applicable railroad yard and the 13
union representative for the employees of the railroad yard. 14
(c) On or before December 31 of each year, compile a report 15
that contains: 16
(1) A summary of the reports received pursuant to this 17
section during the immediately preceding year; 18
(2) The results of any investigation undertaken pursuant to 19
paragraph (a) during the immediately preceding year; 20
(3) A summary of the progress achieved by railroads in this 21
State with achieving the guidelines and objectives for lighting 22
equipment in railroad yards described in paragraphs (c) and (d), 23
respectively, of subsection 1; and 24
(4) Recommendations for legislation to improve safety in 25
and around railroad yards at night, including, without limitation, 26
additional standards and guidelines for lighting equipment 27
installed in railroad yards. 28
(d) Transmit the report compiled pursuant to paragraph (c) to 29
the Director of the Legislative Counsel Bureau for transmittal: 30
(1) In odd-numbered years, to the next regular session of 31
the Legislature. 32
(2) In even-numbered years, to: 33
(I) The Joint Interim Standing Committee on Commerce 34
and Labor; and 35
(II) The Joint Interim Standing Committee on Growth 36
and Infrastructure. 37
7. The Public Utilities Commission of Nevada shall adopt 38
regulations prescribing what constitutes “frequent” for the 39
purposes of this section. 40
Sec. 5. 1. If the employees of a railroad company owning 41
or operating a railroad in this State, or any particular subset of 42
employees of the railroad company, have elected to be represented 43
by a labor union, the railroad company shall authorize the 44
designated representative of each such union to monitor the safety 45
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practices and operations of the railroad. The railroad company 1
shall authorize each designated representative of the union to: 2
(a) Carry out physical inspections of railroad property, when 3
such inspections can be safely conducted; 4
(b) Take photographs of or on railroad property; and 5
(c) Conduct such other examinations of railroad property and 6
interviews of employees of the railroad company who are 7
represented by the union as may be necessary to: 8
(1) Ensure the compliance of the railroad with all 9
applicable state and federal laws and regulations relating to the 10
safety of employees of the railroad company; and 11
(2) Investigate a potential safety hazard that may result in 12
injury or death to an employee of the railroad company 13
represented by the union. 14
2. If a train, rail car, locomotive or other equipment owned or 15
operated by a railroad company, or operating on tracks owned or 16
operated by the railroad company, is involved in a derailment, 17
collision, split switch, run-away equipment event, an unintended 18
separation of equipment event or any other incident occurring 19
outside of normal railroad operations, the railroad company 20
owning or operating the applicable train, rail car, locomotive or 21
other equipment shall: 22
(a) Report the incident to the Public Utilities Commission of 23
Nevada within 30 days after the incident, regardless of whether 24
the incident caused any property damage, and include within the 25
report a copy of the investigation of the incident conducted by the 26
railroad company, if applicable. 27
(b) Immediately report the incident to the designated 28
representative of the union of each employee involved in the 29
incident, and the local leader of each such union, as applicable, 30
and authorize each representative of such a union and its local 31
leader to conduct an investigation of the incident on behalf of the 32
union in a manner consistent with subsection 1. 33
Sec. 6. 1. The Public Utilities Commission of Nevada shall 34
require each Class I or Class II railroad operating within this 35
State to provide a bond executed by the company, corporation or 36
receiver, as applicable, as principal, and by a corporation qualified 37
pursuant to the laws of this State as a surety, payable to the State 38
of Nevada, and conditioned upon the faithful performance of all 39
the requirements of sections 2 to 5, inclusive, of this act. The total 40
amount of the bond must be not less than $5,000,000. 41
2. A Class I or Class II railroad that violates any provision of 42
sections 2 to 5, inclusive, of this act, is liable to the Public Utilities 43
Commission of Nevada for a civil penalty of: 44
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(a) Not less than $500, but not more than $25,000 for each 1
violation; or 2
(b) Not more than $100,000 for each violation, if the Public 3
Utilities Commission of Nevada first determines, after notice and 4
an opportunity for a hearing in accordance with the provisions of 5
NRS 703.320, that: 6
(1) The railroad committed the violation in a grossly 7
negligent manner; or 8
(2) The violation is a part of a pattern of repeated 9
violations. 10
Sec. 7. Chapter 706 of NRS is hereby amended by adding 11
thereto the provisions set forth as sections 8 to 20, inclusive, of this 12
act. 13
Sec. 8. As used in sections 8 to 20, inclusive, of this act, the 14
words and terms defined in sections 9 to 14, inclusive, of this act 15
have the meanings ascribed to them in those sections. 16
Sec. 9. “Drive time” means the length of time that a 17
transport vehicle driver spends behind the wheel of a transport 18
vehicle performing transportation assignments or driving to or 19
from a transportation assignment. 20
Sec. 10. “Off-duty time” means a period of time that a 21
transport vehicle driver is not on-duty, during which time the 22
railroad contract carrier is unable to communicate with the 23
transport vehicle driver in a manner that could disrupt the rest of 24
the transport vehicle driver. 25
Sec. 11. “On-duty time” means all time from the time a 26
transport vehicle driver begins to work or is required to be in 27
readiness to work until the time the transport vehicle driver is 28
relieved from work and all responsibility for performing work. The 29
term includes, without limitation: 30
1. Time spent at the facility of the railroad contract carrier 31
waiting to be dispatched for a transportation assignment; 32
2. Time spent inspecting, servicing or maintaining a transport 33
vehicle; 34
3. Any time classified as drive time; 35
4. Any time required to be spent in a transport vehicle other 36
than drive time; 37
5. Time spent supervising, assisting or attending the loading 38
and unloading of passengers of a transport vehicle; 39
6. Time spent obtaining assistance for or safeguarding a 40
disabled transport vehicle; and 41
7. Time spent providing a breath sample or urine sample, 42
including travel time to and from the testing site, as required to 43
comply with federal or state law, including the requirements of 44
section 17 of this act. 45
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Sec. 12. “Railroad contract carrier” means a contract motor 1
carrier engaged in intrastate transportation by transport vehicle of 2
the employees of a railroad to or from a work assignment for 3
compensation. 4
Sec. 13. “Transport vehicle” means a motor vehicle that: 5
1. Has a seating capacity of 15 passengers or less; and 6
2. Is used by a railroad contract carrier to transport 7
employees of a railroad to or from a work assignment. 8
Sec. 14. “Transport vehicle driver” means a person who is 9
employed by a railroad contract carrier to drive employees of a 10
railroad to or from a work assignment using a transport vehicle. 11
Sec. 15. 1. A railroad contract carrier shall not allow or 12
require a transport vehicle driver to accrue: 13
(a) Within any 24-hour period: 14
(1) Except as otherwise provided in subsection 2, more than 15
10 hours of drive time following 8 consecutive hours of off-duty 16
time. 17
(2) More than 15 hours of on-duty time since the transport 18
vehicle driver last had 8 consecutive hours of off-duty time. 19
(b) More than 70 hours of total on-duty time in any period of 7 20
consecutive days. 21
2. A railroad contract carrier may authorize a transport 22
vehicle driver to accrue an additional 2 hours of drive time, in 23
addition to the limit established pursuant to subparagraph (1) of 24
paragraph (a) of subsection 1, if: 25
(a) The driver encounters an emergency during a 26
transportation assignment and, because of the emergency, cannot 27
safely complete the assignment within the 10 hours of drive time 28
allowed pursuant to subparagraph (1) of paragraph (a) of 29
subsection 1; 30
(b) The transportation assignment could have otherwise been 31
completed within the drive time remaining for the driver in the 24-32
hour period, absent the emergency; and 33
(c) The additional drive time is used by the transport vehicle 34
driver for the sole purpose of: 35
(1) Completing the transportation assignment, if the 36
assignment can be completed within the additional hours of drive 37
time authorized by this subsection; or 38
(2) Reaching a place or destination that offers safety for the 39
occupants of the transport motor vehicle and security for the 40
transport vehicle. 41
3. A railroad contract carrier shall require each transport 42
vehicle driver employed by the carrier to keep and maintain 43
accurate time records for each day that the transport vehicle driver 44
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is on duty. The records kept by each transport vehicle driver must 1
include, without limitation: 2
(a) The time that the transport vehicle driver reported for duty 3
on that day; 4
(b) The total number of hours of on-duty time worked by the 5
transport vehicle driver on that day; 6
(c) The time that the transport vehicle driver was released from 7
duty on that day; and 8
(d) The total number of hours that the transport vehicle driver 9
drove for the railroad contract carrier on that day. 10
4. A railroad contract carrier shall collect all of the records 11
required to be kept and maintained by each transport vehicle 12
driver pursuant to subsection 3 and shall retain each record 13
collected from each driver for not less than 1 year from the date 14
on which each record was compiled. 15
Sec. 16. 1. A railroad contract carrier shall not employ any 16
person as a transport vehicle driver if: 17
(a) The driving privileges or driver’s license of the person or 18
driver’s permit issued to the person pursuant to NRS 706.462 has 19
ever been suspended or revoked by the Department, the Authority, 20
or any department or regulatory body of any other state or 21
territory of the United States based on a conviction of any offense 22
described in paragraph (b). 23
(b) The person has been found to have committed two or more 24
of the following offenses within a 3-year period in any state or 25
territory of the United States: 26
(1) Any traffic offense relating to intoxication, including, 27
without limitation, any violation of NRS 484C.110, 484C.120 and 28
484C.130. 29
(2) Any traffic offense which specifically applies to 30
commercial motor vehicles. 31
(3) Any seat belt violation, including, without limitation, a 32
violation of NRS 484D.495. 33
(4) Driving 15 miles per hour or more over the speed limit. 34
(5) Vehicular manslaughter pursuant to NRS 484B.657, a 35
violation of subsection 9 of NRS 484B.653 or a similar offense, 36
the elements of which involve the death of a person caused by the 37
negligent or grossly negligent operation of a motor vehicle. 38
(6) Using a vehicle to commit a felony. 39
(7) Any offense involving the failure to maintain the 40
requisite minimum amount of insurance or financial 41
responsibility as required by law or the failure to maintain proof 42
of such financial responsibility, including, without limitation, a 43
violation of NRS 485.187. 44
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(8) Any offense involving a breach of a duty or 1
responsibility under law to stop and remain at the scene of a 2
crash, including, without limitation, a violation of NRS 484E.010, 3
484E.020 or 484E.030. 4
(9) Fleeing and attempting to elude law enforcement 5
through the use of a vehicle, including, without limitation, a 6
violation of NRS 484B.550. 7
(10) Reckless or aggressive driving, including, without 8
limitation, a violation of NRS 484B.650 or 484B.653. 9
(11) Unlawfully passing a school bus, including, without 10
limitation, a violation of NRS 484B.353. 11
(12) Failure to obey an official traffic control device, 12
including, without limitation, a violation of NRS 484B.300. 13
(13) Failure to stop at a railroad grade crossing or obey a 14
traffic-control device for railroad crossings, including, without 15
limitation, a violation of NRS 484B.553 or 484B.557. 16
(14) Driving without a valid driver’s license or driving with 17
a cancelled, suspended or revoked driver’s license, including, 18
without limitation, a violation of NRS 483.550 or 483.560. 19
(15) Driving the wrong way down a one-way street or 20
driving the wrong way on a divided highway, including, without 21
limitation, a violation of NRS 484B.220 or 484B.227. 22
2. A railroad contract carrier shall maintain a file of records 23
for each transport vehicle driver that the railroad contract carrier 24
employs. The file must include, without limitation: 25
(a) A copy of a medical examiner’s certificate issued to the 26
driver within the last 2 years by a medical examiner licensed in 27
this State which states that the driver meets the health 28
requirements established by the Federal Motor Carrier Safety 29
Regulations, 49 C.F.R. §§ 391.41 et seq. 30
(b) Documentation that confirms that the railroad contract 31
carrier has obtained a copy of the driving record of the transport 32
vehicle driver at least once each year that the transport vehicle 33
driver is employed by the railroad contract carrier. 34
(c) Documents and records relating to the driving record and 35
history of the transport vehicle driver, including, without 36
limitation, records of any citations issued to the driver or 37
convictions of the driver for a violation of the motor vehicle laws 38
or ordinances of any jurisdiction. 39
(d) Documents not described in paragraph (b) or (c) that 40
otherwise relate to the qualification or ability of the transport 41
vehicle driver to drive a motor vehicle, including, without 42
limitation, records of any complaints made against the transport 43
vehicle driver through a hotline maintained by the railroad 44
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contract carrier to receive feedback on the driving of transport 1
vehicle drivers. 2
(e) The application for employment submitted by the transport 3
vehicle driver, which must conform with the requirements of 49 4
C.F.R. § 391.21(b). 5
(f) Responses or documentation received by the railroad 6
contract carrier from the previous employer of the transport 7
vehicle driver relating to the safety record of the transport vehicle 8
driver. 9
3. As used in this section, “medical examiner” has the 10
meaning ascribed to it in NRS 706.8842. 11
Sec. 17. 1. A railroad contract carrier shall not permit a 12
person to perform the duties of a transport vehicle driver unless 13
the person has undergone testing for alcohol or controlled 14
substances in a manner consistent with the provisions of 49 C.F.R. 15
Parts 40 and 382. A person may perform the duties of a transport 16
vehicle driver if the testing of the person indicates: 17
(a) A blood alcohol concentration of zero; and 18
(b) A negative test result for the presence of controlled 19
substances. 20
2. A railroad contract carrier shall not permit a person to 21
perform, and a person shall not perform, the duties of a transport 22
vehicle driver if: 23
(a) The results of the testing of the person for alcohol and 24
controlled substances are not in compliance with subsection 1; 25
(b) The person refuses to agree to testing or refuses to submit a 26
specimen for an alcohol test or controlled substances test; or 27
(c) The person submits an adulterated specimen, a dilute 28
positive specimen or a substituted specimen for an alcohol test or a 29
controlled substances test. 30
3. As soon as practicable after an accident occurs, during a 31
transportation assignment, involving a motor vehicle owned or 32
operated by a railroad contract carrier, the railroad contract 33
carrier shall test each surviving transport vehicle driver for 34
alcohol or controlled substances, in a manner consistent with the 35
provisions of 49 C.F.R. Parts 40 and 382, if: 36
(a) The accident involved the loss of human life. 37
(b) The transport vehicle driver received a moving violation 38
citation or civil infraction citation arising from or relating to the 39
accident and the accident additionally resulted in: 40
(1) Bodily injury to a person who received medical attention 41
for that injury at the scene of the accident or immediately after 42
leaving the scene of the accident; or 43
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(2) One or more vehicles involved in the accident being 1
rendered disabled or immovable due to damages sustained in the 2
accident. 3
4. If the railroad contract carrier is unable to conduct the 4
testing required pursuant to subsection 3 immediately following 5
the accident, the railroad contract carrier shall conduct the 6
testing: 7
(a) For alcohol, within 8 hours after the accident. 8
(b) For controlled substances, within 32 hours after the 9
accident. 10
5. A railroad contract carrier shall transmit to the Authority 11
the results of any testing required to be conducted pursuant to 12
subsection 3. 13
6. A railroad contract carrier shall maintain any record 14
relating to the testing of a person for alcohol and controlled 15
substances pursuant to this section for a period of not less than 5 16
years after the record is compiled or generated. All records that 17
are required to be maintained by this section must be maintained 18
in a safe and secure location. 19
Sec. 18. 1. A railroad contract carrier shall inspect each 20
transport vehicle, and the components thereof at least once every 21
12 months in a manner that conforms with the requirements of 49 22
C.F.R. § 396.17 and Appendix A to that part. Each inspection 23
conducted pursuant to this subsection must be completed by a 24
person who is qualified under the provisions of 49 C.F.R. § 396.19 25
to conduct inspections of vehicles. 26
2. A railroad contract carrier shall require each transport 27
vehicle driver to complete a written inspection report on each day 28
that the transport vehicle driver is on duty, in a manner consistent 29
with the provisions of 49 C.F.R. § 396.11, before the transport 30
vehicle driver is released from duty for the day. 31
3. A railroad contract carrier shall adopt a policy to ensure 32
the safety and maintenance of transport vehicles and the parts, 33
accessories and other equipment thereof. The policy must: 34
(a) Require that all parts and accessories stored in, installed 35
on or equipped with each transport vehicle be inspected for safety 36
and proper operation at least once a week; 37
(b) Ensure that each transport vehicle owned or operated by 38
the railroad contract carrier is equipped with: 39
(1) Tires with sufficient tread in accordance with 49 C.F.R. 40
§ 393.75. 41
(2) A spare tire that is fully inflated. 42
(3) A secured location for baggage and personal items, 43
including proper restraints. 44
(4) Fully operational seatbelts for all passenger seats. 45
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(5) If the transport vehicle is expected to be driven through 1
inclement weather conditions requiring specialized equipment, 2
traction devices, studs or chains necessary to drive safely in such 3
conditions. 4
(6) A heater in working condition and an air conditioner in 5
working condition, including properly working fans. 6
(7) A kit for emergencies that contains, without limitation: 7
(I) An aerosol can or similar device that is capable of 8
inflating a tire; 9
(II) Flares or reflective triangles; 10
(III) Jumper cables; and 11
(IV) A readily accessible first aid kit that contains, at a 12
minimum, the contents and articles described in the most recent 13
American National Standard (ANSI) Z308.1-1998, entitled 14
“Minimum Requirements for Workplace First-aid Kits” or, any 15
successor standard described in 29 C.F.R. § 1910.151 and 16
Appendix A to that section. 17
(8) An operable amber light or strobe light that is placed on 18
the roof of the rear one-third portion of the vehicle and that is 19
capable of providing adequate light to other motorists if the 20
vehicle is stalled, slowed or stopped in or otherwise obstructing the 21
roadway. 22
(9) A windshield, windshield wipers, tail lamps and a 23
headlamp that comply with the requirements of NRS 705.380. 24
(c) Require that each transport vehicle be maintained in a 25
condition and operated in a manner that is not likely to be 26
hazardous or cause a mechanical breakdown pursuant to 27
NRS 706.246. 28
(d) Provide that the railroad contract carrier will adequately 29
maintain records for each transport vehicle, including, without 30
limitation: 31
(1) Records containing the vehicle identification number, 32
make, model, year of manufacture and manufacturer of each 33
transport vehicle; 34
(2) Records containing the information about the owner of 35
each transport vehicle, if the railroad contract carrier is not the 36
owner of the transport vehicle; and 37
(3) Detailed records evidencing all maintenance, servicing 38
or repair performed on each transport vehicle, which must include 39
a description of the specific maintenance, service or repair tasks 40
performed on the transport vehicle and the date on which the 41
maintenance, service or repair task was performed. 42
4. A railroad contract carrier shall ensure that each of its 43
transport vehicle drivers, officers, agents and employees whose 44
duties or responsibilities are related to inspecting and maintaining 45
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transport vehicles comply with and are knowledgeable of the 1
policy adopted by the railroad contract carrier pursuant to 2
subsection 3. 3
5. A railroad contract carrier shall be deemed to have 4
committed a violation of this section if the railroad contract 5
carrier operates a transport vehicle on any public road or highway 6
in this State that does not comply with the requirements 7
established pursuant to paragraph (b) of subsection 3. 8
6. A railroad contract carrier shall maintain all records 9
required to be maintained pursuant to paragraph (d) of subsection 10
3 at the principal place of business of the railroad contract carrier 11
for not less than 1 year after each record is compiled or generated, 12
unless the record pertains to a transport vehicle that is no longer 13
in the control of the railroad contract carrier, in which case, the 14
record must be maintained for not less than 6 months after the 15
record is compiled or generated. 16
Sec. 19. A railroad contract carrier shall ensure that, while 17
the railroad contract carrier operates any transport vehicle within 18
this State, the railroad contract carrier and driver of each such 19
transport vehicle is covered by a policy of insurance issued by an 20
insurance company licensed by the Division of Insurance of the 21
Department of Business and Industry and approved to do business 22
in this State that includes: 23
1. Coverage for the payment of tort liabilities arising from the 24
maintenance or use of the transport vehicle in the amount of: 25
(a) Not less than $2,000,000 for bodily injury to or death of 26
one person in any one crash; 27
(b) Not less than $5,000,000 for bodily injury to or death of 28
two or more persons in any one crash, subject to the limit for one 29
person; and 30
(c) Not less than $1,000,000 for injury to or destruction of 31
property of others in any one crash; and 32
2. Uninsured and underinsured motorist coverage in an 33
amount not less than the limits of coverage for bodily injury 34
maintained by the railroad contract carrier pursuant to 35
subsection 1. 36
Sec. 20. 1. The Authority shall require a railroad contract 37
carrier to provide a bond executed by the railroad contract carrier 38
as principal, and by a corporation qualified pursuant to the laws 39
of this State as a surety, payable to the State of Nevada, and 40
conditioned upon the faithful performance of all the requirements 41
of sections 8 to 20, inclusive, of this act. The total amount of the 42
bond must be not less than $5,000,000. 43
2. The Department of Motor Vehicles, the Department of 44
Public Safety, the Authority and any member, officer, employee or 45
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other designee of the Authority may, pursuant to subsection 1 of 1
NRS 706.171 and NRS 706.172, inspect any document or record 2
required to be maintained pursuant to sections 8 to 20, inclusive, 3
of this act, and such records shall be deemed to contain 4
information relating to a matter of public safety. 5
3. The provisions of sections 8 to 20, inclusive, of this act: 6
(a) Shall be construed to be minimum standards; and 7
(b) Shall not be construed to supersede or abrogate any law, 8
rule or regulation that imposes stricter standards or regulations 9
upon a railroad contract carrier. 10
Sec. 21. NRS 706.011 is hereby amended to read as follows: 11
706.011 As used in NRS 706.011 to 706.791, inclusive, and 12
sections 8 to 20, inclusive, of this act, unless the context otherwise 13
requires, the words and terms defined in NRS 706.013 to 706.146, 14
inclusive, have the meanings ascribed to them in those sections. 15
Sec. 22. NRS 706.156 is hereby amended to read as follows: 16
706.156 1. All common and contract motor carriers and 17
brokers are hereby declared to be, to the extent provided in this 18
chapter: 19
(a) Affected with a public interest; and 20
(b) Subject to NRS 706.011 to 706.791, inclusive [.] , and 21
sections 8 to 20, inclusive, of this act. 22
2. A purchaser or broker of transportation services which are 23
provided by a common motor carrier who holds a certificate of 24
public convenience and necessity may resell those services, in 25
combination with other services and facilities that are not related to 26
transportation, but only in a manner complying with the scope of 27
authority set forth in the certificate of the common motor carrier. 28
The Authority shall not prohibit or restrict such a purchaser or 29
broker from reselling those transportation services to any person 30
based upon that person’s affiliation, or lack of affiliation, with any 31
group. 32
Sec. 23. NRS 706.163 is hereby amended to read as follows: 33
706.163 The provisions of NRS 706.011 to 706.861, inclusive, 34
and sections 8 to 20, inclusive, of this act do not apply to vehicles 35
leased to or owned by: 36
1. The Federal Government or any instrumentality thereof. 37
2. Any state or a political subdivision thereof. 38
Sec. 24. NRS 706.281 is hereby amended to read as follows: 39
706.281 1. In addition to any identifying device provided for 40
in this chapter, each motor vehicle within the provisions of NRS 41
706.011 to 706.791, inclusive, and sections 8 to 20, inclusive, of 42
this act must have the name of the operator operating the vehicle 43
displayed on the vehicle in such location, size and style as may be 44
specified by the Authority. The display shall not be deemed 45
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advertising for the purposes of NRS 706.285 unless additional 1
information about the operator is included. 2
2. This section does not apply to motor vehicles: 3
(a) Weighing 10,000 pounds or less operated by private carriers 4
and not operated in combination with any other vehicle. 5
(b) Operated by an employer for the transportation of the 6
employees of that employer, whether or not the employees pay for 7
the transportation. 8
Sec. 25. NRS 706.291 is hereby amended to read as follows: 9
706.291 1. [The] Except as otherwise provided in section 19 10
of this act, the Authority shall require every fully regulated carrier 11
and every operator of a tow car, within such time and in such 12
amounts as the Authority may designate, to file with the Authority 13
in a form required and approved by the Authority a liability 14
insurance policy, or a certificate of insurance in lieu thereof, or a 15
bond of a surety company, or other surety, in such reasonable sum 16
as the Authority may deem necessary to protect adequately the 17
interests of the public. 18
2. The Department shall require every other common and 19
contract motor carrier and every private carrier, within such time 20
and in such amounts as the Department may designate, to file with 21
the Department in a form required and approved by the Department 22
a liability insurance policy, or a certificate of insurance in lieu 23
thereof, a bond of a surety company, or other surety, in such 24
reasonable sum as the Department may deem necessary to protect 25
adequately the interests of the public. In determining the amount of 26
liability insurance or other surety required of a carrier pursuant to 27
this subsection, the Department shall create a separate category for 28
vehicles with a manufacturer’s gross vehicle weight rating of less 29
than 26,000 pounds and impose a lesser requirement with respect to 30
such vehicles. 31
3. The liability insurance policy or certificate, policy or bond 32
of a surety company or other surety must bind the obligors 33
thereunder to pay the compensation for injuries to persons or for 34
loss or damage to property resulting from the negligent operation of 35
the carrier. 36
4. The Authority and the Department may jointly prescribe by 37
regulation the respective amounts and forms required by subsections 38
1 and 2. 39
Sec. 26. NRS 706.321 is hereby amended to read as follows: 40
706.321 1. Except as otherwise provided in subsection 2, 41
every common or contract motor carrier shall file with the 42
Authority: 43
(a) Within a time to be fixed by the Authority, schedules and 44
tariffs that must: 45
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- *AB446_R1*
(1) Be open to public inspection; and 1
(2) Include all rates, fares and charges which the carrier has 2
established and which are in force at the time of filing for any 3
service performed in connection therewith by any carrier controlled 4
and operated by it. 5
(b) As a part of that schedule, all regulations of the carrier that 6
in any manner affect the rates or fares charged or to be charged for 7
any service and all regulations of the carrier that the carrier has 8
adopted to comply with the provisions of NRS 706.011 to 706.791, 9
inclusive [.] , and sections 8 to 20, inclusive, of this act. 10
2. Every operator of a tow car shall file with the Authority: 11
(a) Within a time to be fixed by the Authority, schedules and 12
tariffs that must: 13
(1) Be open to public inspection; and 14
(2) Include all rates and charges for towing services 15
performed without the prior consent of the owner of the vehicle or 16
the person authorized by the owner to operate the vehicle which the 17
operator has established and which are in force at the time of filing. 18
(b) As a part of that schedule, all regulations of the operator of 19
the tow car which in any manner affect the rates charged or to be 20
charged for towing services performed without the prior consent of 21
the owner of the vehicle or the person authorized by the owner to 22
operate the vehicle and all regulations of the operator of the tow car 23
that the operator has adopted to comply with the provisions of NRS 24
706.011 to 706.791, inclusive [.] , and sections 8 to 20, inclusive, of 25
this act. 26
3. No changes may be made in any schedule, including 27
schedules of joint rates, or in the regulations affecting any rates or 28
charges, except upon 30 days’ notice to the Authority, and all those 29
changes must be plainly indicated on any new schedules filed in lieu 30
thereof 30 days before the time they are to take effect. The 31
Authority, upon application of any carrier, may prescribe a shorter 32
time within which changes may be made. The 30 days’ notice is not 33
applicable when the carrier gives written notice to the Authority 10 34
days before the effective date of its participation in a tariff bureau’s 35
rates and tariffs, provided the rates and tariffs have been previously 36
filed with and approved by the Authority. 37
4. The Authority may at any time, upon its own motion, 38
investigate any of the rates, fares, charges, regulations, practices and 39
services filed pursuant to this section and, after hearing, by order, 40
make such changes as may be just and reasonable. 41
5. The Authority may dispense with the hearing on any change 42
requested in rates, fares, charges, regulations, practices or service 43
filed pursuant to this section. 44
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6. All rates, fares, charges, classifications and joint rates, 1
regulations, practices and services fixed by the Authority are in 2
force, and are prima facie lawful, from the date of the order until 3
changed or modified by the Authority. 4
7. All regulations, practices and service prescribed by the 5
Authority must be enforced and are prima facie reasonable unless 6
suspended or found otherwise in an action brought for the purpose, 7
or until changed or modified by the Authority itself upon 8
satisfactory showing made. 9
Sec. 27. NRS 706.431 is hereby amended to read as follows: 10
706.431 1. A permit may be issued to any applicant therefor, 11
authorizing in whole or in part the operation covered by the 12
application, if it appears from the application or from any hearing 13
held thereon that: 14
(a) The applicant is fit, willing and able properly to perform the 15
service of a contract motor carrier and to conform to all provisions 16
of NRS 706.011 to 706.791, inclusive, and sections 8 to 20, 17
inclusive, of this act and the regulations adopted thereunder; and 18
(b) The proposed operation will be consistent with the public 19
interest and will not operate to defeat the legislative policy set forth 20
in NRS 706.151. 21
2. If the Authority proceeds with a hearing on an application 22
for a permit, the Authority shall fix a time and place for the hearing. 23
3. The Authority may dispense with the hearing, if any, on the 24
application if, upon the expiration of the time fixed in the notice 25
thereof, no petition to intervene has been filed on behalf of any 26
person who has filed a protest against the granting of the permit. 27
4. An application must be denied if the provisions of 28
subsection 1 are not met. 29
5. The Authority shall revoke or suspend pursuant to the 30
provisions of this chapter the permit of a contract motor carrier who 31
has failed to file the annual report required in NRS 706.167 within 32
60 days after the report is due. 33
6. The Authority shall adopt regulations providing for a 34
procedure by which any contract entered into by a contract motor 35
carrier after the contract motor carrier has been issued a permit 36
pursuant to this section may be approved by the Authority without 37
giving notice required by statute or by a regulation of the Authority. 38
Sec. 28. NRS 706.461 is hereby amended to read as follows: 39
706.461 When: 40
1. A complaint has been filed with the Authority alleging that 41
any vehicle is being operated without a certificate of public 42
convenience and necessity or contract carrier’s permit as required by 43
NRS 706.011 to 706.791, inclusive [;] , and sections 8 to 20, 44
inclusive, of this act; or 45
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2. The Authority has reason to believe that any: 1
(a) Person is advertising to provide: 2
(1) The services of a fully regulated carrier in intrastate 3
commerce; or 4
(2) Towing services, 5
without including the number of the person’s certificate of public 6
convenience and necessity or permit in each advertisement; or 7
(b) Provision of NRS 706.011 to 706.791, inclusive, and 8
sections 8 to 20, inclusive, of this act is being violated, 9
the Authority shall investigate the operations or advertising and 10
may, after a hearing, order the owner or operator of the vehicle or 11
the person advertising to cease and desist from any operation or 12
advertising in violation of NRS 706.011 to 706.791, inclusive [.] , 13
and sections 8 to 20, inclusive, of this act. The Authority shall 14
enforce compliance with the order pursuant to the powers vested in 15
the Authority by NRS 706.011 to 706.791, inclusive, and sections 8 16
to 20, inclusive, of this act or by other law. 17
Sec. 29. NRS 706.756 is hereby amended to read as follows: 18
706.756 1. Except as otherwise provided in subsection 2, any 19
person who: 20
(a) Operates a vehicle or causes it to be operated in any carriage 21
to which the provisions of NRS 706.011 to 706.861, inclusive, and 22
sections 8 to 20, inclusive, of this act apply without first obtaining a 23
certificate, permit or license, or in violation of the terms thereof; 24
(b) Fails to make any return or report required by the provisions 25
of NRS 706.011 to 706.861, inclusive, and sections 8 to 20, 26
inclusive, of this act or by the Authority or the Department pursuant 27
to the provisions of NRS 706.011 to 706.861, inclusive [;] , and 28
sections 8 to 20, inclusive, of this act; 29
(c) Violates, or procures, aids or abets the violating of, any 30
provision of NRS 706.011 to 706.861, inclusive [;] , and sections 8 31
to 20, inclusive, of this act; 32
(d) Fails to obey any order, decision or regulation of the 33
Authority or the Department; 34
(e) Procures, aids or abets any person in the failure to obey such 35
an order, decision or regulation of the Authority or the Department; 36
(f) Advertises, solicits, proffers bids or otherwise is held out to 37
perform transportation as a common or contract carrier in violation 38
of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , 39
and sections 8 to 20, inclusive, of this act; 40
(g) Advertises as providing: 41
(1) The services of a fully regulated carrier; or 42
(2) Towing services, 43
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without including the number of the person’s certificate of public 1
convenience and necessity or contract carrier’s permit in each 2
advertisement; 3
(h) Knowingly offers, gives, solicits or accepts any rebate, 4
concession or discrimination in violation of the provisions of this 5
chapter; 6
(i) Knowingly, willfully and fraudulently seeks to evade or 7
defeat the purposes of this chapter; 8
(j) Operates or causes to be operated a vehicle which does not 9
have the proper identifying device; 10
(k) Displays or causes or permits to be displayed a certificate, 11
permit, license or identifying device, knowing it to be fictitious or to 12
have been cancelled, revoked, suspended or altered; 13
(l) Lends or knowingly permits the use of by one not entitled 14
thereto any certificate, permit, license or identifying device issued to 15
the person so lending or permitting the use thereof; or 16
(m) Refuses or fails to surrender to the Authority or Department 17
any certificate, permit, license or identifying device which has been 18
suspended, cancelled or revoked pursuant to the provisions of this 19
chapter, 20
is guilty of a misdemeanor, and upon conviction thereof shall be 21
punished by a fine of not less than $100 nor more than $1,000, or by 22
imprisonment in the county jail for not more than 6 months, or by 23
both fine and imprisonment. 24
2. Any person who, in violation of the provisions of NRS 25
706.386, operates as a fully regulated common motor carrier without 26
first obtaining a certificate of public convenience and necessity or 27
any person who, in violation of the provisions of NRS 706.421, 28
operates as a contract motor carrier without first obtaining a permit 29
is guilty of a misdemeanor and shall be punished: 30
(a) For a first offense within a period of 12 consecutive months, 31
by a fine of not less than $500 nor more than $1,000. In addition to 32
the fine, the person may be punished by imprisonment in the county 33
jail for not more than 6 months. 34
(b) For a second offense within a period of 12 consecutive 35
months and for each subsequent offense that is committed within a 36
period of 12 consecutive months of any prior offense under this 37
subsection, by a fine of $1,000. In addition to the fine, the person 38
may be punished by imprisonment in the county jail for not more 39
than 6 months. 40
3. Any person who, in violation of the provisions of NRS 41
706.386, operates or permits the operation of a vehicle in passenger 42
service without first obtaining a certificate of public convenience 43
and necessity is guilty of a gross misdemeanor. 44
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4. If a law enforcement officer witnesses a violation of any 1
provision of subsection 2 or 3, the law enforcement officer may 2
cause the vehicle to be towed immediately from the scene and 3
impounded in accordance with NRS 706.476. 4
5. The fines provided in this section are mandatory and must 5
not be reduced under any circumstances by the court. 6
6. Any bail allowed must not be less than the appropriate fine 7
provided for by this section. 8
Sec. 30. NRS 706.781 is hereby amended to read as follows: 9
706.781 In addition to all the other remedies provided by NRS 10
706.011 to 706.861, inclusive, and sections 8 to 20, inclusive, of 11
this act for the prevention and punishment of any violation of the 12
provisions thereof and of all orders of the Authority or the 13
Department, the Authority or the Department may compel 14
compliance with the provisions of NRS 706.011 to 706.861, 15
inclusive, and sections 8 to 20, inclusive, of this act and with the 16
orders of the Authority or the Department by proceedings in 17
mandamus, injunction or by other civil remedies. 18
Sec. 31. The provisions of NRS 218D.380 do not apply to any 19
provision of this act which adds or revises a requirement to submit a 20
report to the Legislature. 21
Sec. 32. 1. This section becomes effective upon passage and 22
approval. 23
2. Sections 1 to 31, inclusive, of this act become effective: 24
(a) Upon passage and approval for the purpose of adopting any 25
regulations and performing any other preparatory administrative 26
tasks that are necessary to carry out the provisions of this act; and 27
(b) On January 1, 2026, for all other purposes. 28
H